§ 6-2. Definitions.
For the purpose of this article, unless otherwise indicated, the following words, terms and phrases are defined as follows:
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine.
Applicant means person, or group of persons authorized to represent the business making application for the license.
Board of commissioners means the Fulton County Board of Commissioners of Fulton County, Georgia.
Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume including, but not limited to, all fortified wine, as defined in O.C.G.A. § 3-1-2(9), as amended.
County means Fulton County, Georgia.
Golf club means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association.
License means the authorization by the board of commissioners to engage in the manufacturing, distribution or sale of alcoholic beverages including for consumption on the premises and by the package.
Licensee means any person, or group of persons holding a license to engage in the manufacturing, distribution or sale of alcoholic beverages including for consumption on the premises or by the package.
Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term "malt beverage" does not include sake, known as Japanese rice wine.
Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term also means: (a) in the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; (b) in the case of malt beverages, any brewer; and (c) In the case of wine, any vintner.
Mixed-use development means a development comprised of any combination of residential, commercial, office, or institutional uses. The uses may be combined in a single structure or in multiple but integrated and related structures. Mixed developments must be zoned MIX (Mixed Use) District or C-1 (Community Business) District.
Owner means any person or group of persons having a financial interest in the income of the business. "Owner" also includes any person, corporation or partnership operating a business under a management contract.
Package means a bottle, can, keg, barrel, or other original consumer container.
Police department means the Fulton County Police Department.
Premises means the definite closed or partitioned-in locality, whether a room, shop, or building wherein alcoholic beverages are dispensed for consumption on the premises by the drink, or are manufactured, distributed, and/or sold by the package.
Private club means a corporation, or partnership organized and existing under the laws of the state, actively in operation within the county, having at least 100 members regularly paying monthly, quarterly, or semiannual dues, organized and operated exclusively for pleasure, recreation and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided, that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages to the club or its members or guests beyond a fixed salary.
Private residence means a house or dwelling wherein not less than one or more than two families customarily reside and does not include a mobile home, an apartment house having facilities for housing more than two families, a boardinghouse or rooming house where there are five or more boarders or roomers, any residence which has been unoccupied for a period of six consecutive months immediately prior to the filing of any application for license, or any residence in a nonconforming use in a commercial zone.
Retail means the sale of alcoholic beverages in unbroken packages only to consumers and not for resale.
Special event means an occurrence taking place somewhere other than on a licensed premises.
Wholesaler means any person, firm, or corporation which sells alcoholic beverages to other wholesalers, to retail dealers who sell by the package, or to retail dealers who hold licenses to sell only on the premises by the drink.
Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. Wine includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term "wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid must first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this section.
(Ord. No. 05-1249, 11-2-05)